I have a friend whose husband has walked out on her. They have a 3yr old, and he's agreed to pay £300 p/mth for him. Nothing for the missus tho. Says he'll sign over their house(still £40k outstanding and rented at mo) but that that's her lot and she can go see income support for herself, problem is she can't get a mortgage on this and she can't have house without the mortgage(won't take childs money into account). His NET income is approx £3k per month and he's not coming back. Been gone less than a week and wants a divorce and for her to take on half a loan that they took out(but in his name) for 10k.
He's got a good pension AND a large payout due to him in the next 5yrs-she's getting the house on the premise she leaves these alone(and that's ok) BUT surely she's entitled to more than £300 to live on??
They agreed she wouldn't work with this child but for 15yrs she's always contributed a full time wage.
Legally where does she stand-saw solicitor who just said get the house!!!
2006-11-22 22:16:16 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Maybe i wasn't clear enough. He's looking at v.good pension and £50k lump sum in near future. Currently she has no money coming in other than Child benefit and sons maintenence. No other entitlements to date. Whats the sketch as regards in the meantime?? She can get a job but only part time cos of 3yr old and can't do that til she's back in own home(in rented at mo). Surely he can't legally just leave her destitute in the mean time???
2006-11-22 22:31:53 · update #1
Yes she is! The lady in question is entitled to a share in everything. All monies,even pensions will be taken into account. It would be in her best interest to insist on going to mediation. If no agreement can be reached,then the courts decide for her.At the mediation,ALL monies will have to be revealed. She MUST make sure,she knows of everything her husband has/will get,and she must stick to her guns!!If she insists on mediation,things will get sorted out quicker,she will also learn more. Whist attending mediation,her husband will realise he cannot get away,or insist that she only gets so much. IF, the husband is involved with another party,and that party works,those wages will also be taken into account.
The Citizens Advice will be able to offer her much needed advice on the legalities of separation/divorce. They will be able to guide her to a solicitor who specifically deals with this. It is a free service.
2006-11-22 23:24:10 · answer #1 · answered by Anonymous · 0⤊ 0⤋
It is a complex issue. She should be entitled to half of everything including money that he is currently entitled to in the future. If he is offering more than half, then that should be balanced out in the future. He likely would only pay for 1/2 of the child's care including housing. If she is capable of working, which she has in the past, then it would be expected that she may have to do that again. She is entitled (perhaps) to half of his pension.
2006-11-23 06:25:59 · answer #2 · answered by Anonymous · 1⤊ 0⤋
gosh £300 isn't the right amount - I am all for fathers rights etc - but at the same time I am all for the father helping to pay for the child properly - as long as he is getting equal parenting rights then he should be paying more - I believe it should be 7% of the mans wage but then living expenses etc have to be taken innto account on top of that - my fella earns 1600 a month and pays his ex £400 - however he has overnight stays with his daughter, he buys her clothes as well as his ex, he gives her tea at least twice a week and helps out with any extras like dancing classes if his ex mentions she is taking his daughter to them... I am sorry my answer was not more informative and I hope someon on here can enlighten you further!
2006-11-23 06:48:58 · answer #3 · answered by Grace - baby No.2 due in October 3 · 0⤊ 0⤋
tell her to get a different solicitor.
she should be entitled to half of what he's got and a court should decide what payment he should make for the child.
£300 doesn't seem very fair when she'll have no money coming in and he's earning £3k a month.
if she's not sure she could go to her local citizens advice bureau and they will be able to put her straight on the law aspects.
tell her NOT to agree to anything with him without professional advice, it sounds like he's trying to screw her!!
2006-11-23 06:34:15 · answer #4 · answered by lola 5 · 0⤊ 0⤋